CAB129-52 — Page 147

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Functions in relation to legislation.

(3) The Board will have the particular functions in relation to legislation which fr20pferred on it by paragraph pelo 200

6. These functions can be most concisely expressed in the form of the following tentative draft sections for inclusion in the Constitution:— "Interpre". In the following sections-

tation"

sent to Board"

"Bill" includes the draft of a Bill which it is proposed to in- troduce in the Federal Assembly and, in the case of a Bill which has been so introduced, includes such Bill as amended in the Federal Assembly;

"differentiating measure" means a Bill or a subordinate law by which Africans are subjected or made liable to any conditions, restrictions or disabilities disadvantageous to them to which Europeans are not also subjected or made liable, or which might in its practical application have a like effect; and

"subordinate law " means any instrument which has the force of law and is made in the exercise of a power conferred by a law of the Federal Legislature."

"Bills to be "2. Before any Bill is introduced in the Federal Assembly a copy of the Bill shall be sent to the Board, unless the Governor-General in his discretion shall have certified in writing that such Bill-

(a) is of such a nature that it is not in the public interest that the Bill should be published before its introduction in the Federal Assembly; or

send notice

to Prime Minister "

(b) is too urgent to permit of a copy thereof being sent to the Board before the Bill is introduced in the Federal Assembly."

"Board may" 3. (1) If the Board considers that any Bill or subordinate law of objection is a differentiating measure, the Board may send to the Prime Minister a notice in writing to that effect (hereinafter referred to as a 'notice of objection') and shall in such notice state the reasons why, in the opinion of the Board, the Bill or law is a differentiating measure.

(2) (a) A notice of objection in respect of a Bill shall be sent to the Prime Minister as soon as is practicable and shall in any case be delivered to the Prime Minister before the Bill is presented to the Governor-General for assent.

(b) A notice of objection to a subordinate law may be delivered to the Prime Minister at any time within thirty days after the publication of the subordinate law."

"Board may 66 withdraw

4. The Board may at any time withdraw a notice of objection objection" by a further notice in writing sent to the Prime Minister, and the succeeding sections shall not apply in relation to any notice of objection after it has been withdrawn."

upon objec-

"Procedure "5. When a notice of objection is received by the Prime Minister tion to Bill" in respect of a Bill then-

(a) if the Bill is subsequently introduced in the Federal Assembly, the notice of objection shall be laid on the table of the Assembly when the Bill is introduced; and (b) if the Bill has already been introduced in the Federal Assembly (and whether or not the Bill has already been passed by the Assembly), the notice of objection shall be laid on the table of the Assembly as soon as is practicable after it is received.