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VOL. 4—COMMONWEALTH AND VIHER TERRITORIES (Part 2)
abroad in which there shall exist a legislature, as herein-after defined, except the Channel Islands, the Isle of Man (British India. . . .J.
The terms "legislature" and "colonial legislature" shall severally siguity the authority, other than the Imperial Parliament of Her Majesty in Council, competent to make laws for any colony:
The term "representative legislature" shall signify any colonial legislature which shall comprise a legislative body of which one half are elected by inhabi- tants of the colony:
The term "colonial law” shall include laws made for any colony either by such legislature as aforesaid or by Her Majesty in Council:
An Act of Parliament, or any provision thereof, shail, in construing this. Act, be said to extend to any colony when it is made applicable to such colony by the express words or necessary intendment of any Act of Parliament:
The term "governor” shall mean the officer lawfully administering the government of any colony:
The term "lefteis patent” shall mean letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland.
NOTES
The words in aquara brackels were substituted by the Government of India (Adaptation ni Acts of Parliament) Order 1937. 5.U. & O. 1937 No. 132, art. 2 and the Schedule, Part 11. The words omitted, referring to British Durinn, were repealed by the Burma Independence Act in17, 5. 5 and Schi, 1.
Belilah Tudla. Tuulia Is now a sovereign state. (Republic) within the Commonwenith; see the Inilla (Consequential Provision) Act 1919, p. 139, ante.
Treland. This is in he construed as exclusive of the Republic of Tieland; see the Irish Free State (Consequential Adaptation of Enactments) Order 1943, 5.1. & V. 1913 No. 495, met. # and the freland Act 1919, 8, 1 (3), j'. 670, ante,
2. Colonini inawa, when vold for repugnancy
Any colonial law which is or shall be in any respect repyguant to the provisions of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation maile under authority of such Act of Parliament, or having in the colony the force and effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely voiti and inoperative.
NOTE
Effect of acclign. The abylous meaning of the Act is to preserve to the Parliament of the United Kingdom a tight to legislate for a Colony to which a local legllature has been assigncil. The local legislatute may not ruset anything repugnant to auch United Kingdom legislation [17. v. Marais, Ex partá Marais, 11gni] A.G. 31; Nadan v, I. {A.-G, før lingland and A.-li, for Canada Interveners], {1916] A.G. 481).
3. Colonial Inwn, when not vold for repugnancy
No colonial law shall be or be deemed to have been vold or inoperativo on the ground of repugnancy to the law of England, unless the same shall be repug- nant to the provisions of some auch Act of Parliament, order, or regulation as aforesaid.
4. Colonial laws not vold for Inconsistency with Instructions to governora
No colonial law passed with the concurrence of or assented to by the governor of any colony, or to be hereafter so passed or assented to, shall be or be deemed
COLONIAL LAWS VALIDITY Act 1865, 5. 7
179
to have been void or inoperative by tenson only of any instructions with reference to such inw or the subject thereof which may have been given to such governor by or on behalf of Her Majesty, by any instrument other than the letters patent or instrument authorizing such governor to concur in passing or to assent to laws for the peace, order, and good government of such colony, even though such instructions may be referred to in such letters patent or last-mentioned instrument.
5. Colonial legislatures many establish, etc., courts of law-Represent- ative legisintures may alter their constitutions
Every colonial legislature shall have, and be deemed at all times to have hail, full power within its jurisdiction to establish counts of judicaturezawl to abolishe and reconstitute the same, and to alter the constitution thereof, and to make provision for the administration of justice therein; and every representative legislature shall, in respect to the colony under its jurisdiction, have, and be deemed at all times to have had, full power to make laws respecting the constitution, powers, and procedure of such legislature; provided that such laws shall have been passed in such manner and form as may from time to time be requied by any Act of Parliament, letters patent, Oider in'Council, or colonial law for the time being in force in the said colony.
NOTE
In such manner and form, etc. It was held in A.-G. for New South Wales v. Fiethowan, {1937] A.C. 316, that an Act passed by the New South Wales legislature in into providing thai va Bill to abolish the Legislative Council abould be presented to the Governor for his assent unless I find been approved by a referendum, and that this provision should apply to any Mill repealing or aniending the Act, was effective in prevent the alwilition of the Torghaintive Connell after a changa ol tinvernment in 1930 without a referendum having been held.
6. Byldence of passing, dlaallowance, and assent
The certificate of the clerk or other proper officer of a legislative body in any colony to the effect that the document to which it is attached is a true copy of any colonial law asscuted to by the governor of such colony, or of any Hill reserved for the signification of Her Majesty's pleasure by the said governor, shall be prima facie evidence that the document so certified is a true copy of such law or Will, and, as the case may be, that such law has been duly and properly passed and assented to, or that such Hill has been duly and properly passed and presented to the governor; and any proclamation purporting to ba published by authority of the governor in any newspaper in the colony to which such law or Bill shall relate, and signifying Her Majesty's disallowance of any such colonial law, or Her Majesty's assent to any such reserved. Bil as aforesaid, shall be primâ facie evidence of such disallowance or asseul.
NOTE
Evidence. Sce niso the Evidenco (Colonial Statutes) Act 1907, Vol. 12, tille Evidence.
And whereas doubts are entertained respecting the validity of certain Acts enacted or reputed to be enneled by the legislature of South Australia: Be it further enacted as follows:
7. Certain Acta enncted by legislature of South Australia to be valid All laws or reputed laws enacted or purporting to have been enacted by the sald legislature, or by persons or bodies of persons for the time being acting as sucli legislature, which have received the assent of Her Majesty in Council,
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