Industrial Matters.

It was proposed to alter the former amendments by inserting words to read as follows:-" Including (a) Labour, (b) employment and unemployment, (c) the terms and conditions of labour and employment in any trade, industry, occupation, or calling, (d) the rights and obligations of employers and employees, (e) strikes and lock-outs, (f) the maintenance of industrial peace, (g) the settlement of industrial disputes."

Railway Disputes.

It was proposed to insert after paragraph (XXXV.) of section 51 the following paragraph :-(xxxv. (a)) “Conciliation and arbitration for the prevention and settlement of industrial disputes in relation to employment in the railway service of a State."

Trusts and Combines.

It was proposed to alter the form of the proposed amendment, making it read as follows:-" (XL.) Trusts, combinations, monopolies, and arrangements in relation to (a) the production, manufacture, or supply of goods, or the supply of services, or (b) the ownership of the means of production, manufacture, or supply of goods, or supply of services."

Monopolies.

The former proposed amendment (p. 615) was altered by adding the following words :-" passed by an absolute majority of its members," and an additional sub-section was inserted to the effect that the section was not to apply to any industry or business conducted or carried on by the Government of a State, or any public authority constituted under a State.

An Act was passed to provide for compulsory voting in connection with the Referenda proposals to be submitted to the electors during the year 1915, declaring that it should be the duty of every elector residing within five miles of a polling place to record his vote at the Referenda to which the Act applied, and making non-compliance with the duty an offence punishable by a fine of £1. Owing, however, to the critical state of public affairs and the disturbed state of public opinion throughout the country, arising from the great European War, it was decided by the Labor Government of which Mr W M. HUGHES was then Prime Minister to abandon the proposed

Referenda. Accordingly on the 15th November. 1915, an Act was passed providing for the withdrawal of writs issued by the GovernorGeneral for the submission of the proposed laws to the electors.

Exclusive Powers of the Parliament.

52. The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to—

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(i.) The seat9 of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes:

(ii.) Matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth :

(iii.) Other9 matters declared by this Constitution to be within the exclusive power of the Parliament.

§ 93. "SEAT OF GOVERNMENT.”

LEGISLATION.

SEAT OF GOVERNMENT ACT 1908.

SEAT OF GOVERNMENT ACCEPTANCE ACT 1909.

SEAT OF GOVERNMENT ADMINISTRATION ACT 1910.

See notes of section 125.

§ 94. "PLACES ACQUIRED.”

LEGISLATION.

LAND ACQUISITION ACT 1906-1916.

It may be assumed that although this section refers to "places acquired" it comes within the meaning of the power granted by the Constitution, section 51 (XXXI.), " To acquire property for public purposes." See notes to section 51 (XXXI.) supra.

These words "places acquired for public purposes are, with material variances evidently adopted from the United States' Constitution which empowers Congress to "exercise exclusive legislation" over the district which by cession and acceptance should become the seat of Government of the United States, and over "all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings." It has always been held that this provision vests the political jurisdiction and dominion in the union, so that such places are federal territory as well as federal property. But it has also been held that the provision only applies to places acquired with the consent of the State; and that where the United States acquire land by compulsory taking from a State or private owner, or by purchase from a private owner, the general jurisdiction of the State is not ousted. See Fort Leavenworth R. R. Co. v. Lowe, 114 U.S., 525; Willoughby on the Constitution of the United States, p. 378.

In the case of R. v. Bamford, (1901) 1 N.S.W. S.R., 337, the Supreme Court of New South Wales held that the post office, which had become vested in the Commonwealth under section 85 of the Constitution, was a "place acquired by the Commonwealth " within the meaning of this section, over which the Commonwealth had exclusive control and that the Parliament of New South Wales was excluded from legislative jurisdiction over the place. But a majority held that, by virtue of section 108 of the Constitution, the laws of New South Wales as existing at the date of the acquisition continued in force in the place until altered by Federal legislation, and that the administrative powers of the State and the jurisdiction of the State Courts continued in the same way, and therefore a conviction for stealing a letter from the post office contrary to State law was confirmed. STEPHENS, J. dissenting, thought that, on the American analogy, the whole political jurisdiction of the State was ousted and the conviction could not be sustained under State law.

It is submitted that the ground of this decision cannot be supported; and that land acquired by the Commonwealth, either under section 85 of the Constitution or under the power conferred by section 51 (XXXI.) to acquire property for public purposes, does not

become Federal territory like the Seat of Government, and it does not cease to be territory of the State.

$95. "ANY DEPARTMENT TRANSFERRED.”

The provisions made by the Constitution for the transfer of certain State Government departments and services and the rights of transferred officers are not grouped together but are to be found in scattered sections. Section 52 (ii.) vests in the Commonwealth exclusive power of making laws for the decision of all matters relating to any department of the public service the control of which is transferred to the executive Government of the Commonwealth. Turning to section 69, under the heading "Transfer of certain departments," there is found a declaration that on a date or dates to be proclaimed by the Governor-General the departments of posts, telegraphs and telephones; naval and military defence; lighthouses and lightships, and quarantine are to be transferred to the Commonwealth. But the departments of customs and excise in each State became vested in the Commonwealth on its establishment, 1st January 1901. The rights and privileges of transferred officers are preserved by the Constitution, section 84

New Departments.

The Constitution, section 64, provides that the Governor-General may establish new departments of State and appoint officers to administer them.

Appointment and Removal of Civil Servants.

Until Parliament otherwise provides by legislation, the GovernorGeneral, on the advice of the Executive Council, has power to appoint and remove officers of the public service of the Commonwealth.

Transferred Departments.

This paragraph provides that transferred departments shall be in the exclusive control of the Federal Parliament, but is silent as to new departments created by Parliament such as Home Affairs and Territories and Works and Railways. There can be no doubt, however, that the Commonwealth power prevails with reference to new departments and services created by Commonwealth laws. Such departments and services are necessarily Federal and exclusive from the nature of the case. Per O'CONNOR, J., in Deakin v. Webb, (1904) 1 C.L.R., at p. 596.

§ 96. "OTHER MATTERS DECLARED TO BE EXCLUSIVE.” Legislation under this head includes the Customs and Excise Tariffs, the Bounty Acts, and Acts relating to territories under the control of the Commonwealth. See notes to section 51, paragraphs (II.), (III.), supra, and section 122.

Powers of the Houses in Respect of Legislation.

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originates in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend9 proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

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The Senate may not amend any proposed law so as to increase100 any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend,101 requesting, by message, 102 the omission or amendment103 of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.