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CHAPTER II.

COMMONWEALTH LEGISLATION.

PART I.

ORGANIC LEGISLATION.

(1) ORGANIZATION OF THE EXECUTIVE.

The Executive Power.

By the Constitution the executive power of the Commonwealth is vested in the Governor-General and a Federal Executive Council (sections 61 and 62). The Governor-General is authorized to appoint political officers being members of the Federal Parliament and Ministers of State to administer such Departments of State as may be established (section 64). By the Constitution, section 65, it is enacted that until Parliament otherwise provides the number of Ministers of State shall not exceed seven, and by section 66 that the appropriation for ministerial salaries shall not be more than £12,000 per year until otherwise provided.

Customs and Excise Department.

The Departments of Customs and Excise in all the States, upon the Proclamation of the Commonwealth on 1st January, 1901, were automatically transferred to the Commonwealth under section 69 of the Constitution without any proclamation or executive Act, and they thereby came under the control of the Commonwealth Minister of Trade and Customs. All the Customs and Excise laws and the administrative regulations in force in the States temporarily remained in operation until the passing of the Commonwealth

Customs Administration Act 1901, which re-organized and unified the Customs and Excise services and rules and methods of administration. Customs Act 1901-16; Beer Excise Act 1901-12; Distillation Act 1901; Excise Act 1901; Spirit Act 1906-15. To the Customs Department is entrusted the administration of sub-departments dealing with quarantine, fisherics, analysis, sugar and other Bounties, light-houses, beacons and buoys and Inter-State Commission.

Naval and Military Department.

In the exercise of power conferred by the Constitution, section 69, the separate Defence Departments Forces, Army, Navy and Armaments of the States were, in March 1901, by Proclamation, transferred to the control of the Commonwealth Minister of Defence.

By the Ministers of State Act 1915, the number of Ministers of State was increased from seven to eight and the annual lump sum appropriation to £13,650. This alteration was made in order to provide for the appointment of a Minister for the Navy. Mr. J. A. JENSEN became the first holder of this office.

Postal, Telegraphic and Telephonic Department.

Under the Constitution, section 69, the separate State Postal and Telegraphic Departments were, by Proclamation dated 1st. March 1901, amalgamated and taken over by the Federal Executive and placed under the control of the Federal Postmaster-General. On 1st December in the same year the Commonwealth Post and Telegraph Act 1901, came into operation and the State laws relating to administration which had been temporarily preserved ceased to operate and were superseded by Federal laws. The chief administration of the Department was vested in the Postmaster-General, a responsible Minister of Cabinet rank who has authority to delegate some of his powers to chief officers in the States commonly called Deputy Postmasters-General.

The Treasury.

This Department dates from the Proclamation of the Commonwealth. It comprehends the following business branches :Treasury supervision of revenue, finance and taxation; invalid and old-age pensions; maternity allowance; government printing.

Home and Territories.

This Department was also created by Proclamation with the establishment of the Commonwealth. . It was, for several years, charged with the following business :-Federal Capital; Electoral Act; Public Works; Census and Statistics; Meteorological Observations.

Works and Railways.

In July 1916, a Department of Works and Railways was formed which took over most of the functions of the Home Affairs.

Law and Justice.

The Attorney-General's Department was created by Proclamation on the 1st January, 1901. It deals with the following matters: --High Court business; Court of Conciliation and Arbitration ; Patents; Trade Marks; Copyrights and Designs; War Legislation.

By the Act, No. 28 of 1916, provision was made for the appointment of a Solicitor-General of the Commonwealth to perform such duties and functions as may be prescribed by any Act or as may be delegated to him by the Attorney-General in pursuance of any Act. The Attorney-General is authorized, in writing, to delegate to the Solicitor-General any of his powers and functions under any Act so that the delegated powers may be exercised by the SolicitorGeneral as fully and as effectively as by the Attorney-General. Under this legislation Sir ROBERT GARRAN became the first SolicitorGeneral.

Prime Minister.

A new Department under the supervision of the Prime Minister established by Proclamation on 30th December, 1911, is one of the latest additions to the Executive organization of the Commonwealth. It has taken over from the Home Affairs the supervision of the Public Service Commissioner's Office, the Audit Office from the Treasury; the Executive Council from the External Affairs.

Repatriation.

This is the last created Department in the Commonwealth Government. By the Minister of State Act 1917 the number of Ministers was increased to nine, and the appropriation to £15,300 per year. This Act was passed to enable the appointment of a Minister for Repatriation. Senator E. D. MILLEN became the first Minister.

Public Service.

The Commonwealth Public Service Act 1902-11 has made permanent provision for the management of the public servants in the various Departments the appointment, discipline, promotion, retirement, or dismissal of public servants; the conditions and tenure of their office; the remuneration for their services; the holding of examinations for the test of qualification for appointment and another entitling to promotion. The Public Service Commissioner assisted by a staff of inspectors has been appointed to perform important functions such as :-' -The classification of work; the supervision of officers; the conduct of examinations and tests; and generally to preside over the service and to recommend to the Government any changes and improvements that may be deemed necessary.

(2) ORGANIZATION OF THE LEGISLATURE.

The Legislative Power.

The Constitution, Chapter I., established the Federal Parliament upon the bicameral system consisting of the Senate and the House of Representatives. In various sections beginning with the words until the Parliament otherwise provides" the Constitution made temporary provisions in matters of organization and procedure such as-The franchise; the qualification of members and electors and the conduct of elections. These temporary provisions have since been superseded by Federal legislation which may now be deemed to be part of the Constitutional fabric.

Electoral Procedure.

The Commonwealth Electoral Act 1902-1911 made arrangements for the conduct of elections for the House of Representatives and the Senate. Each State is distributed into Electoral Division equal to the number of members of the House of Representatives requiring to be chosen therein; in other words they are equal and single electorates in each of the States. The Senators are chosen by the people of each State voting as one electorate. None but enrolled electors are entitled to vote. No elector can vote more than once at each election. The mode of voting is by secret ballot except in the case of voting by post which, however, has since been repealed. Then follow provisions for the limitation of election expenses; the prohibition of treating and undue influence;

the polling; the scrutiny; the declaration of the poll; the settlement of disputed elections by the Court of Disputed Returns. The Senate Election Act 1903 made provision for the filling of casual vacancies in the Senate.

The Constitution Alteration (Senate Election) Act 1906 alters the dates on which, by the rule of rotation, the office of Senator begins and ends.

The Representation Act 1905-11 makes permanent provision for determining the number of members for the House of Representatives to which the people of each State are entitled, making allowance for fluctuations of the population.

Qualification of Electors.

The Commonwealth Electoral Franchise Act 1902 provides that the qualification for the right to vote in the choice of members of the Senate and the House of Representatives shall be as follows:Adult British subjects of either sex who have lived in Australia for six months continuously. Aboriginal natives of Australia, Asia, Africa, or the Islands of the Pacific, except New Zealand, cannot vote at Federal elections unless they have acquired a right to vote at Elections for the Lower House of a State Parliament.

Qualification of Members.

The qualification of members are the same as those of electors. The only disqualification of member additional to those prescribed by the Constitution is that no members of a State Parliament shall be qualified to be nominated as a candidate for the Senate or the House of Representatives.

Allowance to Members.

Members have in section 48 of the Constitution a right to allowance for their services to be paid out of the Consolidated Revenue. The amount was fixed by that section at £400 per year until Parliament otherwise provides and Parliament has otherwise provided by increasing the allowance of Members to £600 per year except in the case of Members who are Ministers of State in receipt of Ministerial salaries; they continued to receive £400 per year in addition to their officlal salaries. Parliamentary Allowances Act 1907.