thinks reasonable, in addition to any other circumstances affecting the case, take into consideration whether the lower rate or difference of treatment is necessary for the purpose of securing, in the interests of the public, the traffic in respect of which it is made and whether the inequality cannot be removed without unduly reducing the rates charged to the complainant. Commissioners' appointment, tenure, and remuneration. 103. The members of the Inter-State Commission-174 (i.) Shall be appointed by the Governor-General in Council: (ii.) Shall hold office for seven years, but may be removed within that time by the GovernorGeneral in Council, on an address from both Houses of the Parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity: (iii.) Shall receive such remuneration as the Parliament may fix; but such remuneration shall not be diminished during their continuance in office. § 174. "INTER-STATE COMMISSION.” LEGISLATION. INTER-STATE COMMISSION ACT 1912. Organization. The Commission consists of three members, of whom one must be of experience in the law. It is a body corporate, with perpetual succession and a common seal, and capable of suing and being sued. The Governor-General is authorized, as soon as conveniently practicable, to appoint three persons to be Commissioners, and on the happening of any vacancy in the office of Commissioner the Governor-General shall appoint a person to the vacant office. Every such appointment, subject to the Constitution, is to be for a term of seven years; and every person so appointed is, on the expiration of his term of office, eligible for re-appointment. In case of the illness, suspension, or absence of any Commissioner, the Governor-General may appoint a person to act as a Deputy Commissioner during the illness, suspension or absence, and the deputy, whilst so acting, has all the powers and performs the duties of a Commissioner; One of the three Commissioners is to be Chief Commissioner, and on the happening of any vacancy in the office of Chief Commissioner the Governor-General appoints a person to fill that office. In the case of illness, suspension, or absence of the Chief Commissioner, the Governor-General appoints one of the other Commissioners to act as Chief Commissioner during the illness, suspension, or absence. The Chief Commissioner receives a salary of £2,500 a year, and each of the other Commissioners receives a salary of £2,000 a year. There is also paid to each Commissioner on account of his expenses in travelling to discharge the duties of his office, such sums as are considered reasonable by the Governor-General. The Governor-General may suspend any Commissioner from office for misbehaviour or incapacity. A Commissioner who has been suspended is restored to office, unless each House of Parliament within forty days after the statement has been laid before it, and in the same session, passes an address praying for his removal on the grounds of proved misbehaviour or incapacity. The Commission may hold sittings in any part of the Commonwealth in such place or places as it may deem most convenient for the transaction of its business or proceedings. The Chief Commissioner shall preside as chairman at all meetings of the Commission at which he is present, and in his absence the senior Commissioner present shall preside as Chairman. For the conduct of business any two Commissioners constitutes a quorum, and have all the powers of the Commission. At a meeting of the Commission the decision of the majority prevails. The Commission was duly constituted on 11th August 1913. when Messrs. A. B. PIDDINGTON, K.C. (Chief Commissioner), Hon. GEORGE SWINBURNE and N. LOCKYER, I.S.O., were appointed. Saving of certain rates. 104. Nothing in this Constitution shall render unlawful any rate for the carriage of goods upon a railway, the property of a State, if the rate is deemed by the Inter-State Commission to be necessary for the development of the territory of the State, and if the rate applies equally to goods within the State and to goods passing into the State from other States. Taking over public debts of States. 105. The Parliament may take 175 over from the States their public debts [as existing at the establishment of the Commonwealth], or a proportion thereof according to the respective numbers of their people as shown by the latest statistics of the Commonwealth, and may convert, renew, or consolidate such debts, or any part thereof; and the States shall indemnify the Commonwealth in respect of the debts taken over, and thereafter the interest payable in respect of the debts shall be deducted and retained from the portions of the surplus revenue of the Commonwealth payable to the several States, or if such surplus is insufficient, or if there is no surplus, then the deficiency or the whole amount shall be paid by the several States. § 175. "TAKE OVER FROM THE STATES THEIR Constitutional Amendment. In 1910 a majority of the people voting in the majority of States affirmed a proposed law for an amendment of the Constitution. section 105, by omitting therefrom the words "as existing at the establishment of the Commonwealth." This removed a limitation on the Federal power and enables the Federal Parliament to pass laws to take over from the States all their public debts both those contracted before as well as those contracted after the establishment of the Commonwealth. No attempt has been made to use the power conferred by this section of the Constitution. The public debts of the States have under Federation gone on increasing at an accellerated speed. Public Debts of the States before Federation. The public debts of the several Australian Colonies in the year 1900 (taking the figures as given in Coghlan's Statistics of the Seven Colonies) were as follows: Public Debts of the States 30th June 1918. The following return prepared for this work by the Commonwealth Treasury, shows the public debts of the States on 30th June 1918 (a) Amount which may apparently be taken over by the Commonwealth beingStock inscribed under the Victorian Municipalities Loans Extension Act £1,035,582 Certificates given to the Victorian Trust Fund Trustees. (These may be exchanged for Government Bonds, which could be sold) Tasmanian debentures issued under Hydro-Electric Loan and Works Act, to be liquidated by half-yearly instalments of principal and interest over a period of 31 years. Interest to be at the rate of 4 per cent. per annum Tasmanian debentures to be issued to the Commonwealth Bank of Australia to replace matured stock issued in substitution for stock formerly standing in the name of Trustees, State Savings Bank, to be liquidated by half-yearly instalments of principal and interest at the rate of £705 per half-year up to 31st July 1927, and £25,479/1/5, in reduction of principal, on 1st January 1928 590,634 146,548 28,200 £1,800,964 (b) Includes £7,517,000 raised in 1917-18 towards redemption of loan of £12,648,478 maturing in 1918-1919. |