and further, that all moneys coined for and issued in any of the Dependencies of the said United Kingdom, and declared by Our Proclamation to be current and lawful money of such Dependencies, respectively bearing Our Style or Titles, or any part or parts thereof, and all moneys which shall hereafter be coined and issued according to such Proclamation, shall, notwithstanding such addition, continue to be lawful and current money of such Dependencies respectively, until Our pleasure shall be further declared thereupon. Given at Our Court at St. James's, this fourth day of November, one thousand nine hundred and one, in the first year of Our Reign. GOD SAVE THE KING! AUSTRALIAN STATES CONSTITUTION AUSTRALIAN STATES CONSTITUTION ACT, 1907. 7 Edw. 7 c. 7. An Act to amend the Law relating to the Reservation for His Majesty's pleasure of Bills passed by the Legislatures of the States forming part of the Commonwealth of Australia, and to confirm certain Acts passed by those Legislatures. Reservation of Bills. B [2ND AUGUST, 1907.] E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. (1.) There shall be reserved, for the signification of His Majesty's pleasure thereon, every Bill passed by the Legislature of any State forming part of the Commonwealth of Australia which (a) Alters the constitution of the Legislature of the State or of either House thereof; or (b) Affects the salary of the Governor of the State; or (c) Is, under any Act of the Legislature of the State passed after the passing of this Act, or under any provision contained in the Bill itself, required to be reserved; but, save as aforesaid, it shall not be necessary to so reserve any Bill passed by any such Legislature: Provided that— (a) Nothing in this Act shall affect the reservation of Bills in accordance with any instructions given to the Governor of the State by His Majesty; and (b) It shall not be necessary to reserve a Bill for a temporary law which the Governor expressly declares necessary to be assented to forthwith by reason of some public and pressing emergency; and (c) It shall not be necessary to reserve any Bill if the Governor declares that he withholds His Majesty's assent, or if he has previously received instructions from His Majesty to assent and does assent accordingly to the Bill. (2.) For the purposes of this section a Bill shall not be treated as a Bill altering the constitution of the Legislature of a State or of either House thereof by reason only that the Bill (a) Creates, alters, or affects any province, district, or town, or (b) Fixes or alters the number of members to be elected for any (c) Increases or decreases the total number of elective members (d) Concerns the election of the elective members of the Legisla- or elective members. (3.) Section thirty-three of the Australian Constitutions Act, 1842,* 5 & 6 Vict. shall apply to Bills reserved under this Act in like manner as it applies c. 76. to Bills reserved under that Act with the substitution of references to a State forming part of the Commonwealth of Australia for references to the colony of New South Wales, and of references to both Houses of the Legislature of the State for references to the Legislative Council. (4.) So much of any Act of Parliament or Order in Council as requires any Bill passed by the Legislature of any such State to be reserved for the signification of His Majesty's pleasure thereon, or to be laid before the Houses of Parliament before His Majesty's pleasure is signified, and, in particular, the enactments mentioned in the Schedule to this Act, to the extent specified in the third column of that Schedule, shall be repealed both as originally enacted and as incorporated in or applied by any other Act of Parliament or any Order in Council or letters patent. Australian 2. (1.) Any Act passed by the Legislature of any such State, and confirmation assented to in the name of His Majesty by the Governor and not of certain disallowed by His Majesty before the passing of this Act, shall, notwith- Acts. standing that the Bill for the Act ought to have been but was not reserved for the signification of His Majesty's pleasure thereon, and notwithstanding that it ought to have been but was not duly laid before both Houses of Parliament, be deemed to be and to have been as from the date of that assent as valid as if the Bill had been so reserved and as if it had been laid before both Houses of Parliament, and as if His Majesty's assent to the Bill had been duly given and signified in the State at the date aforesaid. (2.) For the purposes of this section references to Acts passed by the Legislature of a State shall be construed as including references to Acts passed before the establishment of the Commonwealth of Australia by the Legislature of any colony which now forms part of that Commonwealth, and references to His Majesty shall be construed as including references to Her late Majesty. 3. This Act may be cited as the Australian States Constitution Act, Short title. 1907. 5 & 6 Vict. c. 76, supra, this title. LETTERS PATENT OF THE 6TH JUNE, 1859. LETTERS PATENT CONSTITUTING THE STATE OF VICTORIA by the Grace of God of the United Kingdom of Great W HEREAS by a reserved Bill of the Legislature of New South Wales passed in the seventeenth year of our reignt as amended by an Act passed in the session of Parliament holden in the eighteenth and nineteenth years of our reign entitled "An Act to enable Her Majesty to assent to a Bill as Amended of the Legislature of New South Wales to Confer a Constitution on New South Wales and to Grant a Civil List to Her Majesty" it was enacted that nothing therein contained should be deemed to prevent us from altering the boundary of the Colony of New South Wales on the north in such manner as to us might seem fit and it was further enacted by the said last recited Act that if we should at any time exercise the power given to us by the said reserved Bill of altering the northern boundary of our said colony it should be lawful for us by any letters patent to be from time to time issued under the Great Seal of our United Kingdom of Great Britain and Ireland to erect into a separate colony or colonies any territories which might be For authority to erect the territory of Queensland into a colony by Letters Patent, see The New South Wales Constitution Act, 1855 (18 & 19 Vict. c. 54), s. 7, supra, this title. 17 Vic. No. 41, see Historical Table, Index Volume. The New South Wales Constitution Act, 1855 (18 & 19 Vict. c. 54), supra, this Letters Patent Constituting Queensland. separated from our said Colony of New South Wales by such alteration as aforesaid of the northern boundary thereof and in and by such letters patent or by order in council to make provision for the government of any such separate colony and for the establishment of a legislature therein in manner as nearly resembling the form of government and legislature which should be at such time established in New South Wales as the circumstances of each separate colony would allow and that full power should be given by such letters patent or order in council to the legislature of such separate colony to make further provision in that behalf Now know you that we have in pursuance of the powers vested in us by the said Bill and Act and of all other powers and authorities in us in that behalf vested separated from our Colony of New South Wales and erected into a separate colony so much of the said Colony of New South Wales as lies northward of a line commencing on the sea coast at Point Danger in latitude about twenty-eight degrees eight minutes south and following the range thence which divides the waters of the Tweed Richmond and Clarence Rivers from those of the Logan and Brisbane rivers westerly to the great dividing range between the waters falling to the east coast and those of the River Murray following the great dividing range southerly to the range dividing the waters of Tenterfield Creek from those of the main head of the Dumaresq River following that range westerly to the Dumaresq River and following that river (which is locally known as the Severn) downward to its confluence with the Macintyre River thence following the Macintyre River which lower down becomes the Barwan downward to the twenty-ninth parallel of south latitude and following that parallel westerly to the one hundred and forty-first meridian of east longitude which is the eastern boundary of South Australia together with all and every the adjacent islands their members and appurtenances in the Pacific Ocean and do by these presents separate from our said Colony of New South Wales and erect the said territory so described into a separate colony to be called the Colony of Queensland And whereas we have by an order made by us in our Privy Council bearing even date herewith made provision for the government of our said Colony of Queensland and we deem it expedient to make more particular provision for the government of our said colony Now know you that we reposing especial trust and confidence in the prudence courage and loyalty of you the said Sir George Ferguson Bowen of our especial grace certain knowledge and mere motion have thought fit to constitute and appoint and do by these presents constitute and appoint you the said Sir George Ferguson Bowen to be during our will and pleasure our Captain-General and Governor-in-Chief in and over our said Colony of Queensland and of all forts and garrisons erected and established or which shall be erected and established within our said colony or in its members and appurtenances And we do hereby authorise empower require and command you the said Sir George Ferguson Bowen in due manner to do and execute all things that shall belong to your said command and the trust we have reposed in you according to the several powers provisions and directions granted or appointed you by virtue of our present commission and of the said recited Bill as amended by the said recited Act and according to our order in our Privy Council bearing even date herewith and to such instructions as are herewith given to you or which may from time to time hereafter be given to you under our Sign Manual and Signet or by our order in our Privy Council or by us through one of our Principal Secretaries of State and according to such laws and ordinances as are now in force in our said colony of New South Wales and its dependencies and as shall hereafter be in force in our said Colony of Queensland. Letters Patent Constituting Queensland. 2. And whereas it is ordered by our said order made by us in our Privy Council bearing even date herewith that there shall be within our said Colony of Queensland a Legislative Council and a Legislative Assembly to be severally constituted and composed in the manner in the said order prescribed and that we shall have power by and with the advice and consent of the said Council and Assembly to make laws for the peace welfare and good government of our said colony in all cases whatever And it is provided by the above recited Act that the provisions of the Act of the fourteenth year of Her Majesty chapter fifty-nine and of the Act of the sixth year of Her Majesty chapter seventy-six intituled An Act for the Government of New South Wales and Van Diemen's Land "* which relate to the giving and withholding of Her Majesty's assent to Bills and the reservation of Bills for the signification of Her Majesty's pleasure thereon and the instructions to be conveyed to Governors for their guidance in relation to the matters aforesaid and the disallowance of Bills by Her Majesty shall apply to Bills to be passed by the Legislative Council and Assembly constituted under the said reserved Bill and Act and by any other legislative body or bodies which may at any time hereafter be substituted for the present Council and Assembly Now we do by virtue of the powers in us vested hereby require and command that you do take especial care that in making and passing such laws with the advice and consent of the said Legislative Council and Legislative Assembly the provisions regulations restrictions and directions contained in the said Acts of Parliament and in our said order made in our Privy Council bearing even date herewith and in our instructions under our Sign Manual accompanying this our commission or in such future orders as may be made by us in our Privy Council or in such further instructions under our Sign Manual and Signet as shall at any time hereafter be issued to you in that behalf be strictly complied with. 3. And whereas it is expedient that an Executive Council should be appointed to advise and assist you the said Sir George Ferguson Bowen in the administration of the government of our said colony Now we do declare our pleasure to be that there shall be an Executive Council for our said colony and that the said council shall consist of such persons as you shall by instruments to be passed under the Great Seal of our said colony in our name and on our behalf from time to time to nominate and appoint to be members of the said Executive Councils all which persons shall hold their places in the said council during our pleasure But we do expressly enjoin and require that you do transmit to us through one of our Principal Secretaries of State exemplifications of all such instruments as shall be by you so issued for appointing the members of the said council. 4. And we do hereby authorise and empower you the said Sir George Ferguson Bowen to keep and use the Great Seal of our said colony for sealing all things whatsoever that shall pass the Great Seal of our said colony. 5. And we do hereby give and grant to you the said Sir George Ferguson Bowen full power and authority by and with the advice of the Executive Council to grant in our name and on our behalf any waste or unsettled lands in us vested within our said colony which said grants are The Australian Constitutions Act, 1850, and The Australian Constitutions Act, 1842, supra, this title. For Instructions to His Excellency the Governor of the State of Queensland of the 29th October, 1900, sce infra, this title. |